St. Louis Southwestern Railway Co. v. Byrne
Supreme Court of Arkansas
Appeal from Miller Circuit Court. Joel Dr Conway, Judge. ■ Suit by Rosa E. Beasley against the St. Louis Southwestern Railway Company. Plaintiff recovered judgment, from which defendant appealed. Pending the appeal plaintiff died, whereupon the cause was revived in the name of Lawrence A. Byrne, administrator ad litem. STATEMENT BY THE COURT. Appellant seeks by this appeal to reverse a judgment of $5,000 in favor of appéllee for personal injuries.
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Appeal from Miller Circuit Court. Joel Dr Conway, Judge. ■ Suit by Rosa E. Beasley against the St. Louis Southwestern Railway Company. Plaintiff recovered judgment, from which defendant appealed. Pending the appeal plaintiff died, whereupon the cause was revived in the name of Lawrence A. Byrne, administrator ad litem. STATEMENT BY THE COURT. Appellant seeks by this appeal to reverse a judgment of $5,000 in favor of appéllee for personal injuries. The grounds insisted upon here are a want of evidence to support the verdict, contributory negligence, and newly discovered evidence. The proof on…
1Opinion of the Court
Wood,' J.,
(after stating the facts.) Appellant contends, first, that there is no evidence to sustain the verdict. The reason assigned is because plaintiff’s testimony is shown to be so clearly false that a finding for her on her evidence indicates prejudice on the part of the jury. It is very true that plaintiff was flatly contradicted in many particulars and by several witnesses. It is also true that her character for truth and morality was impeached by several witnesses. Still, the jury were the sole judges of the weight of the evidence and the credibility of the witnesses. Under long…
2Cases cited6 opinions
- Catlett v. Railway Co.Supreme Court of Arkansas · 1893
- St. Louis & San Francisco Railroad v. KilpatrickSupreme Court of Arkansas · 1899
- St. Louis, Iron Mountain & Southern Railway Co. v. WilsonSupreme Court of Arkansas · 1902
- Railway Company v. DobbinsSupreme Court of Arkansas · 1895
- Holt v. StateSupreme Court of Arkansas · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Lowe v. HartSupreme Court of Arkansas · 1910
- Washington County v. DaySupreme Court of Arkansas · 1938
- Hot Springs Railroad v. McMillanSupreme Court of Arkansas · 1905
- McClintock v. FrohlichSupreme Court of Arkansas · 1905
- Scott v. MooreSupreme Court of Arkansas · 1909
1 more not listed; retrieve them via the Exa API.